Complete Agreement and Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement and supersedes any prior agreements or understandings between the parties. No alteration of or amendment to this Agreement will be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement.
Waiver of Defenses. We do not have to give, and you waive any right you may otherwise have to receive a notice demanding payment of all amounts due (“presentment”), a notice that amounts due have not been paid (“notice of dishonor”), or an official certification of nonpayment (“protest”).
Consent to Loan Sale and Participation. You consent to our sale or transfer of this Loan, or one or more participation interests in the Loan, to one or more purchasers. We may provide to any one or more purchasers or potential purchasers any information or knowledge we may have about you or about any matter relating to the Loan, subject to applicable law. We will notify you of any such sale or transfer if required by applicable law. You agree that the purchasers of any such Loan or participation interests will be considered the absolute owners of such interests in the Loan and will have all the rights granted under agreements governing the sale of such Loan or participation interests.
Notice. Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
No Waiver by Lender. If we fail or delay to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
Governing Law. This Agreement and all rights, obligations, and claims relating to it shall be governed by and construed in accordance with federal law and the laws of the State of Tennessee without regard to its conflicts of laws principles.
Notices. All notices to us concerning this Agreement must be sent to our Servicer’s address in the Loan Disclosure to this Agreement. You agree to immediately notify us of any changes to your contact information.
Severability. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement will not affect the legality, validity, or enforceability of any other provision of this Agreement.
Successors and Assigns. All covenants and agreements by you or on your behalf contained in this Agreement will bind your heirs, personal representatives, successors and assigns, and will inure to our benefit and our successors and assigns. You will not, however, have the right to assign or transfer your rights under this Agreement or any interest therein, without our prior written consent.
Survival. The obligations in Sections 2, 9, 12 through 14, Exhibit A and Exhibit B, will survive any termination of this Agreement.
Our Communications with You.
Communications. You acknowledge that data, including emails, may be accessed by unauthorized third parties when communicated between you and the Bank, using the Internet, telephone, or other electronic devices. We are not responsible for any misdirected data or disclosures that occur as a result of your use of third-party electronic communication channels.
Delivery of Notices. Any correspondence that we mail to you will be sent via U.S. Mail to the last mailing address shown in our records for your Step Account. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. We are not responsible for items lost or not delivered by mail or e-mail. Some notices may only be available electronically or in paper form.
Notices You Send Us. Any written notice you give us is effective after we actually receive and act on it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the item, including the item number, amount, date and payee. Communications you provide by fax, SMS/text, or telephone voice mail, message service or answering machine are not considered notices to us under this Agreement.
Electronic Communication. We may send communications electronically, such as by email or text message, rather than through U.S. mail or other means, unless the law says otherwise. If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and hold alerts) related to your Loan to that address in accordance with the Evolve Electronic Communication Consent. If you elect to receive electronic communications from us, we may send some legal information via the USPS. You may be required to agree to communicate with us by electronic means in order to open your Step Account. If you revoke your consent to electronic communications, we may declare you to be in default of this Agreement, close your Step Account or take other actions described in this Agreement.
Calls and Messages. You agree that we or our agents or Service Providers may contact you regarding any matter for any non-telemarketing reason using any kind of telecommunications technology at any email and telephone number you provide to us, including the phone number for your mobile device. You agree to receive these calls and messages, including pre-recorded or auto-dialed calls. You also agree that we may send text messages to any phone number for your mobile device you provide to us. You understand and accept that your service provider may charge you for these calls and messages consistent with applicable law. For quality control purposes and for other reasons, you permit us to record and monitor your telephone conversations and electronic communications with us (including email). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities at the time of the call or communication. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior written notice of such revocation to 120 Hawthorne Ave, Palo Alto.
Change in Contact Information or any Application Information. You are responsible for promptly notifying us through the Step App of any change to your name, address, email address or any material change to the information you provided to us in your application to open a Secured Account or Card Account or this Loan. In some instances, we may request additional information for verification purposes. We may change your address if we receive an address change notice from the U.S. Postal Service (“USPS”) or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address.
Not a Negotiable Instrument. This Agreement is not a negotiable instrument.
Indemnification. To the greatest extent permitted by law, you agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries, and/or insurers harmless from any losses, damages, suits, and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to: (i) taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (ii) any action or omission by you; (iii) the matters set forth herein; or (iv) our action or inaction in reliance upon oral, written, or electronic instructions or information from you.